When a Tenant Does Not Reply to a Quebec Lease Notice

No reply within a month: the tenant is deemed to accept

Example: Julie receives your notice on January 15. Her rent goes from $1,000 to $1,045 a month. February 15 ends with no written reply. She is deemed to have accepted: on July 1, her lease renews at $1,045.

This is article 1945 of the Civil Code of Québec: a tenant who refuses the change, or who is moving out, must tell you within one month of receiving the notice. Otherwise, the lease renews with all the requested changes, including the increase and, for example, the withdrawal of a parking space.

How to count the one-month period

Example: you send the notice by registered mail on January 12, and Marc receives it on January 15. His deadline is February 15, not February 12. The month counts from receipt, as in the example given by the Tribunal administratif du logement (TAL). Another example: notice received March 3, reply by April 3 at the latest.

Write down each tenant's deadline as soon as you have their proof of receipt. ProprioSign shows this date for each tenant and marks them “Deemed accepted” once the month has passed with no reply.

Silence only counts if the notice was valid and received

Example: on January 15, you sent the notice by plain email, with no confirmation of receipt. In July, the tenant says they never got a notice. Without proof, you cannot show that their one-month period ever started.

A notice that does not meet article 1898 cannot be set up against the tenant, meaning it cannot be used against them, unless you prove to the Tribunal that they suffered no prejudice. Before you rely on silence, check these points:

• Received within the window: for a 12-month lease ending June 30, between January 1 and March 31 (article 1942).
• Complete content: the requested change and the mandatory text in force since December 26, 2024 (article 1943).
• Written in the language of the lease and delivered to the address in the lease, or to the new address the tenant gave you (article 1898).
• Proof of the date of receipt: registered mail delivery, a signed acknowledgment of receipt or an email confirmation of receipt.
• A real notice of modification: a letter that only asks whether the tenant is staying “another year” is not one, and the tenant does not have to answer it.

Co-tenants: one deadline for each

Example: Julie and Marc both signed the lease. Julie confirms receipt on January 15, Marc confirms nothing. February 15 ends with no reply from Julie: she is deemed to have accepted. For Marc, you cannot show that his period has started, because you have no proof he received the notice.

Deliver it to him another way, by registered mail or by hand, before the notice window closes (March 31 for a lease ending June 30). If he receives it on January 25, his deadline is February 25. If a co-tenant never receives the notice, or if the answers differ, things can get complex: check with the TAL or a lawyer.

The tenant refuses after the deadline

Example: notice received January 15, and on February 20, the tenant writes to say they refuse the increase. In principle, this late refusal changes nothing: the tenant is already deemed to have accepted the new conditions.

Reply in writing, stating the date of receipt and the deadline. If the tenant disputes it, for example by saying they replied on time, do not settle it on your own: keep your documents and check with the TAL or a lawyer.

Keep a record and confirm the new rent

Example: in May, you write to Julie: “Starting July 1, your rent will be $1,045 a month, as set out in the notice you received on January 15.” The law does not require this reminder, but it is good practice: it avoids surprises, such as an automatic transfer still set at $1,000.

Keep together, for each tenant:

• A copy of the notice and the dated proof of receipt.
• The deadline, with a dated note confirming that no reply arrived.
• Your written exchanges, including the reminder sent before July 1.